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Licensor may offer Licensee the option to renew it annually thereafter, at the then advertised prices. The Extended Technical Support includes unlimited teiephone support during Licensor's normal business hours of 7:30 AM to 4:30 PM MST Monday through Friday, free upgrades to any licensed SIGMA components released during the period, complementary subscription to the SIGMA NEWSLETTER, discounts on new SIGMA software purchases, and discounts on specialized SIGMA training and consulting. J. ENHANCEMENTS. Licensor shall provide Licensee free updates of any enhancements or revisions released during the warranty and support periods specified in Sections 3K and 4E below. Following the warranty or support period, Licensor may make any enhancements or revisions of SiGMA available to Licensee at additional cost. Sections 3A through 3H above shall apply to any future SIGMA revisions or enhancements which Licensee accepts (whether purchased by Licensee or provided for free by Licensor). Upon acceptance of any new SIGMA software, Licensee shall return, physically destroy or electronically erase media containing old copies of SIGMA, if so instructed by Licensor. K. LIMITED WARRANTY. EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE PROGRAM IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor warrants that SIGMA does not infringe upon the intellectual property rights of any other party. Licensor further warrants that SIGMA will conform to all substantial operational features and specifications in the current user's manuals, and will operate in accordance with the most recently issued user documentation. This WARRANTY shall be void if SIGMA is not operated in accordance with the USER'S and ADMINISTRATOR'S manuals or other suppiied documentation. Licensor also warrants that SIGMA software is able to accept and process dates through the year 2500. Licensee must notify Licensor in writing, within ninety (90) days of installation, of its claim of any defect, describing it in sufficient detail so that Licensor can replicate the condition which Licensee considers to be a defect. If SIGMA is found defective by Licensor, Licensor's sole obligation under this warranty is to promptly remedy such defect in a manner consistent with Licensor's regular business practices. L. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF LICENSEE'S USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Licensor does not guarantee that the operation of the program will be uninterrupted, nor that it will meet Licensee's needs, nor that it will be free of risk to the Licensee's data and operations, nor be trouble free or error free. Because software is inherently complex and may not be completely free of error, Licensee is advised to verify all results and to make daily backup copies. Licensee assumes all responsibility for system security and restriction of access to SIGMA data files by unauthorized users. Licensor does not guarantee that SIGMA's login security and encryption systems cannot be breached. Licensee agrees that Licensor shall not be responsible for any loss of data or time due to Licensee's failure to provide backup capabilities or to perform a successful daily backup. Licensee agrees that Licensor shall not be responsible for any loss of data for any reason, including loss of power, failure of any of Licensee's hardware, and failure of any networking systems. Licensee assumes full responsibility to determine if the consequences of using any given SIGMA feature in any given way in any given situation is appropriate for Licensee's intended results and is in compliance with its own methods, policies, procedures, and legal mandates. With regard to the actions to be taken in connection with this agreement and with the use of SIGMA, each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. Licensee agrees that Licensor's liability arising out of contract, negligence, strict liability in tort, or warranty shall not exceed the total amount payable by Licensee as specitied in Section 4 below. To the maximum extent provided by applicable law, the entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of the defective software or documentation. Page 4 of 8 www.goslgma.com